IN THE HIGH COURT OF DELHI AT NEW DELHI
REKHA PALLI, J.
SUDHIR VOHRA - Petitioner
Versus
REGISTRAR OF COMPANIES AND ORS - Respondent
W.P.(C) 934, 3975 of 2012, 1435 of 2014 & C.M. No. 4055 of 2013, 2977, 18315 of 2014, 15336, 26660, 32491, 37116 of 2017
Decided On : 25-04-2018
Architects Act, 1972 - Section 37 - RSP India - Contravention of - Indian laws - Denied - Whether RSP India contravened any Indian laws so as to warrant a cancellation of RSP Singapore's FIPB approval - RSP India cannot be said to have violated any Indian law when it rendered architectural services or mentioned the same as one of its objectives - After FIPB approval was granted to RSP Singapore, there was no clarity on whether the use of the expression 'architect' in the title/style/name of a juristic entity was prohibited by the provisions of the Act - RSP Singapore's subsidiary has now already changed its name to RSP Design Consultants India Pvt. Ltd. - There is no reason to grant the prayer seeking cancellation of the FIPB approval granted to RSP Singapore.
Architects Act, 1972 - Section 36, 37 - Impugned Circular No. 1 - Prohibition - Violation of - Prohibition against entities/persons who are not registered as architects are prohibited from using the title/style of architect, is in consonance with the scheme of the Act - It promotes the intent of the Act by ensuring the title of an architect is not misused by unregistered persons.
Architects Act, 1972 - Sections 36, 37 - Unregistered architects - Title and style of 'architect' - Architects Act - interpretation of - Whether the Act precludes unregistered architects, including juristic entities, from rendering architectural services - Does it merely prohibit them from using the title and style of 'architect' orits derivatives - Both the Petitioners, being registered architects, are seeking that only architects registered under the Act should be allowed to provide architectural services - Architects Act neither prescribes that only registered architects can provide architectural services, nor contains any clause prohibiting companies and LLPs from providing architectural services - Unregistered persons, including juristic entities, cannot describe or style themselves as architects, does not preclude any one from providing architectural services - Absence of any provision - Act only prohibits the use of the title and style of 'architect' by unregistered natural persons or juristic entities - It does not prevent unregistered persons, including juristic entities, from rendering architectural services.
REKHA PALLI, J.
1. The present batch of writ petitions raise common issues with similar prayers and are being decided vide this common judgment.
2. The first writ petition bearing no. W.P.(C) No. 934/2012 has been preferred by Mr. Sudhir Vohra, an architect registered under the Architects Act, 1972 (hereinafter referred to as the "Act"), mainly seeking the issuance of a writ of mandamus directing the Registrar of Companies and Ministry of Corporate Affairs to not entertain registration applications from any “company” or “Limited Liability Partnership” (hereinafter referred to as "LLP") which states that it provides architectural services as of one of its objectives in its memorandum of association (hereinafter referred to as "MOA"). The Petitioner therein also prays for a direction to the Registrar of Companies and Ministry of Corporate Affairs to take timely action against the existing companies and LLPs which contain the provision of architectural services as one of their objectives, and initiate winding-up proceedings against those existing companies and LLPs that fail to delete such objectives from their MOA. He also makes an ancillary prayer for the issuance of a direction to the Council of Architecture (hereinafter referred to as "COA") and Ministry of Human Resource Development to take all possible steps to ensure the observance of professional ethics and standards set for architects under the Act.
3. The second writ petition bearing no. W.P.(C) No. 3975/2014 has been preferred by Mr. Anil Kumar Sharma and Mr. Sudhir Vohra (who has also preferred the first writ petition referred to hereinabove), both of whom are registered architects. The Petitioners therein seek a direction to the Ministry of Finance to cancel the permission granted to RSP Architects Planners and Engineers (PTE) Limited Singapore (hereinafter referred to as "RSP Singapore"), by the Ministry of Commerce and Industry vide its letter dated 08.01.1996, for setting up a wholly owned subsidiary company in India for providing services in architectural planning, design, civil engineering and construction management. It is pertinent to note that RSP Singapore's wholly owned subsidiary in India, i.e. M/S RSP Design Consultants India Private Limited (hereinafter referred to as "RSP India"), has been impleaded as a respondent in this second writ petition.
4. The third writ petition bearing no. W.P.(C) No.1435/2014 has been preferred by BDP Design Engineering Private Limited (hereinafter referred to as "BDP Design"), which is a company incorporated under the Companies Act, seeking quashing of circular dated 10.10.2011 (hereinafter referred to as the "Impugned Circular No. 1") and circular dated 01.03.2012 (hereinafter referred to as the "Impugned Circular No. 2") issued by the Ministry of Corporate Affairs. The Impugned Circulars collectively direct that no company or LLP will be incorporated, if it contains the provision of architectural services as one of its objectives, unless it obtains an approval/NOC from the COA to carry on the business or profession of architecture. The Petitioner in this writ petition also seeks quashing of notice dated 20.05.2013 issued by the COA (hereinafter referred to as the "Impugned Notice"), wherein the COA has relied upon the Impugned Circular No. 2 and stated that it had received a complaint of violation of the Act by LLPs and companies by:
(i) using the word “architect” or its derivatives in their names and objects, for the purpose of carrying on the profession of an architect; and
(ii) by appointing foreign architects to carry out architectural works in India, without the prior approval of the Central Government under the Act.
Vide the Impugned Notice, the COA has essentially directed all companies and LLPs to stop such aforementioned alleged violations of the Act, by removing the word “architect” or its derivatives from their respective names and styles, and by amending the objects in their respective MOAs to remove the pro
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